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Ohio Questions & Answers
2 Answers | Asked in Probate for Ohio on
Q: Is probate required for a deceased spouse's single checking account under $50k in Ohio?

I live in Ohio, and my spouse recently passed away intestate, leaving a single checking account with less than $50,000. Do we need to go through probate for this account, considering it was solely in my spouse’s name?

Beverly A Stull
Beverly A Stull
answered on Jun 11, 2025

If the account was only in your spouse's name and had no beneficiary named, it will have to go through probate. However it can possibly use the smaller estate type - a Relief From Administration. That type allows up to $100,000 for a spouse's estate.

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2 Answers | Asked in Landlord - Tenant, Public Benefits and Real Estate Law for Ohio on
Q: Help with Section 8 housing and moving in Ashtabula, Ohio

I'm on Section 8 in Ashtabula, Ohio, and I've lived in the same place for 9 years. I'm on disability and have a 16-year-old daughter. My landlord informed me via text message that we have 30 days to vacate because he's selling the house. I haven't received an official... View More

Kelly A Rochotte
Kelly A Rochotte
answered on Jun 11, 2025

Generally, a landlord cannot evict someone simply because they want to sell the home. However, if you are on a month-to-month lease arrangement, or your lease has expired and you're a holdover tenant, a 30 day notice would be sufficient. There is not enough information here to answer your... View More

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2 Answers | Asked in Landlord - Tenant, Real Estate Law and Personal Injury for Ohio on
Q: Rental property issues with tax lien and hazardous conditions

I have been renting a home for 12 years and recently discovered that the property has a tax lien that was sold to an investor, but my landlord never informed me. He also doesn't respond to any of my attempts to contact him about multiple issues, including visible mold and cracked ceilings,... View More

Kelly A Rochotte
Kelly A Rochotte
answered on Jun 9, 2025

If you are current in your rent, you should make sure your complaints to the landlord are in writing. Consider escrowing your rent; your local municipal court will have information on the proper procedure for escrow. You should speak with an attorney directly so that they can review your lease and... View More

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2 Answers | Asked in Civil Litigation, Landlord - Tenant, Contracts and Real Estate Law for Ohio on
Q: Can I retrieve belongings taken by my grandmother while living in her Ohio home?

I am almost 20 years old and living with my grandmother in her home. Although I have a job, my own money, and room, my grandmother often takes my belongings, such as incense, electronics, and makeup, claiming I don't deserve privacy in her home. Recently, she took a $500 electronic item I... View More

Todd B. Kotler
Todd B. Kotler
answered on May 30, 2025

You have three choices. You could file a criminal complaint for theft. You could file a small claims complaint for conversion which is the civil tort that's similar to theft, where you're asking for a return of an item or its monetary equivalent. Lastly, you could continue to do nothing... View More

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2 Answers | Asked in Internet Law and Criminal Law for Ohio on
Q: Is "Ageplay" online roleplay legal in Ohio?

I would like to inquire about the legality of certain internet activity in the state of Ohio related to "Ageplay," an online roleplay, sometimes sexual, between two consenting adults, with one or more roleplaying as fictional characters under 18. Are there specific laws or cases in Ohio... View More

Jeremy Malcolm
Jeremy Malcolm
answered on May 30, 2025

I am glad you reached out as I am an expert on this sensitive topic and have written about it extensively. I am not sure if I am permitted to link to what I have written on Justia so let me summarise here. Ageplay is legal in the United States, online or offline. In other countries, online ageplay... View More

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2 Answers | Asked in Criminal Law, Car Accidents, Insurance Defense and Personal Injury for Ohio on
Q: Can I be charged with hit and skip if I'm unlicensed and not at fault?

I was involved in an accident where the other driver was at fault and fled the scene. I do not have a driver's license. After waiting 20-30 minutes and not seeing the police or other driver, I left the scene to go to work. The police later arrived at my workplace, where I fully cooperated with... View More

Emery Brett Ledger
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answered on May 29, 2025

Hi there,

Thank you for sharing what happened — I can only imagine how stressful that must’ve been, especially with your vehicle totaled and everything else going on. I want to make sure you get a clear understanding of where things stand legally and what your next steps might be....
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2 Answers | Asked in Real Estate Law and Estate Planning for Ohio on
Q: Inheritance of home in joint tenancy after grandmother's death in Ohio.

I live in Ohio and own a home with my grandmother. The property title is held in joint tenancy. My grandmother does not have a will. When she passes away, will I automatically own the entire home, or will half of the home be inherited by her children?

Beverly A Stull
Beverly A Stull
answered on May 28, 2025

If the deed is joint tenancy with right of survivorship, you will file an Affidavit with the county recorder and your grandmother's death certificate, and the entire house will be in your name. If it is jointly owned but does not have the survivorship language, then your grandmother's... View More

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3 Answers | Asked in Probate, Bankruptcy and Real Estate Law for Ohio on
Q: What happens to credit card debt in Ohio when a deceased is solely responsible?

What happens to my mother's credit card debt upon her passing? She is solely responsible for this debt and has a will, but her estate is not in probate as she has not yet deceased. She owns a house jointly with me, her son, with right of survivorship, and has $140,000 equity in the house. Her... View More

Kenneth L. Sheppard Jr.
Kenneth L. Sheppard Jr.
answered on May 27, 2025

Assuming she is single and all of the credit card debt is in her sole name, then only a probate asset can be used to pay off that debt. If there is no probate assets, then her estate will not have to pay back that credit card debt. The house is in survivorship status therefore it is not a probate... View More

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3 Answers | Asked in Bankruptcy and Real Estate Law for Ohio on
Q: Will I lose my home and car in Ohio if I file for Chapter 7 bankruptcy?

I own my home outright in Ohio, valued at $240,000, and my car is worth $15,000. I have $30,000 in credit card debt due to job loss for the past two years, though I've worked as a freelance driver. I'm considering filing for Chapter 7 bankruptcy. Will I lose my home and car in Ohio if I... View More

Kenneth L. Sheppard Jr.
Kenneth L. Sheppard Jr.
answered on May 27, 2025

Based upon these facts, the trustee would look to sell your home and car. The exemptions allowed in Ohio do not cover the equity in these assets. The non-exempt equity is quite large and therefore a chapter 7 trustee would look to sell your assets. Chapter 13 would be your alternative. In a Chapter... View More

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2 Answers | Asked in Tax Law, Legal Malpractice, Landlord - Tenant and Real Estate Law for Ohio on
Q: IRS notice for underreported income. H&R Block handling issues and financial hardships seeking legal advice.

In 2020, I received an IRS notice about underreported income. I've consistently used H&R Block for tax filing, along with their worry-free guarantee. After receiving the notice, I provided it to a tax professional at H&R Block before an extended hospitalization and was unable to... View More

Kenneth L. Sheppard Jr.
Kenneth L. Sheppard Jr.
answered on May 23, 2025

If your question pertains to suing or accusing H&R Block for negligence, yes, there are lawyers out there who may take on that matter on your behalf. To the degree of success in such a case is questionable. You are still ultimately responsible for what is on your tax return. If your question... View More

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2 Answers | Asked in Real Estate Law, Civil Litigation and Municipal Law for Ohio on
Q: Neighbor renter chopped down shared tree line; city's ordinance classifies as misdemeanor, but city won't press charges.

I am a property owner, and my neighbor, who is a renter, has chopped down a shared tree line along our property boundary without my permission. This action goes against a city ordinance and is considered a class 4 misdemeanor. However, the city refuses to press charges, stating it's a civil... View More

Joseph Jaap
Joseph Jaap
answered on May 20, 2025

Retain an arborist to assess the value of the trees that were removed, and the cost to replace them. Also ask a real estate agent the amount of any reduction in property value. Use that information to send a letter to the owner of neighboring property asking for compensation. If the owner... View More

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2 Answers | Asked in Landlord - Tenant and Real Estate Law for Ohio on
Q: Can landlord evict me for repairs after paying rent, lease ends in June?

My landlord wants to evict me after giving me a three-day notice stating it's due to repairs. I have already paid rent, but I chose not to renew my lease, which expires in June. Is the landlord allowed to evict me under these circumstances?

Kelly A Rochotte
Kelly A Rochotte
answered on May 20, 2025

There are very limited circumstances under which a landlord can evict you if you have a lease for an amount of time. If you paid rent and did not otherwise violate the lease, they can choose not to renew your lease, but they don't have an action for eviction on this information. You should... View More

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3 Answers | Asked in Bankruptcy and Collections for Ohio on
Q: Considering bankruptcy due to debt, unemployed, never filed before, guidance needed

I'm considering filing for bankruptcy due to credit card debt, as I'm currently unemployed and unable to make payments. I've never filed for bankruptcy before. I'm receiving phone calls and text messages from creditors. What steps do I need to take to begin the bankruptcy... View More

Kenneth L. Sheppard Jr.
Kenneth L. Sheppard Jr.
answered on May 17, 2025

In filing for personal bankruptcy, there are 2 types: Chapter 7 and Chapter 13. You are likely looking at a Chapter 7 because you have no or limited income. Chapter 7 is where 100% of your unsecured debt like credit cards, medical debt, and personal loans are wiped out. You have to qualify for this... View More

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2 Answers | Asked in Contracts, Real Estate Law and Civil Litigation for Ohio on
Q: Can I recover costs from co-owner for unpaid house upkeep in Ohio?

I own a house jointly with someone, but I have been the sole occupant and have covered all maintenance and taxes for the past 20 years. Both names are on the property deed. Initially, we had a verbal agreement to share expenses, but this has not been followed. I've attempted to address the... View More

Joseph Jaap
Joseph Jaap
answered on May 14, 2025

Without a written agreement, if you sue the co-owner, it could be difficult to get any reimbursement. You could file a "partition action" asking the court to order the property sold. The court could credit you with the co-owner's unpaid share of the costs in the distribution of... View More

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2 Answers | Asked in Landlord - Tenant and Real Estate Law for Ohio on
Q: Eviction notice for alleged lease violation in Ohio

I am a tenant in metropolitan housing and facing eviction for allegedly having my boyfriend living with me, which they claim is a lease violation as he is not on the lease. I have a 3-year-old son, and we have no one and nowhere to go. I received a 30-day notice and then a 3-day notice. I wrote a... View More

Kelly A Rochotte
Kelly A Rochotte
answered on May 20, 2025

If you are a voucher holder subject to HUD conditions, there are very specific definitions in HUD leases as to when a landlord can properly evict you re having people over. HUD also has specific definitions for what constitutes a "guest" or "other person under the tenant's... View More

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2 Answers | Asked in Landlord - Tenant, Contracts, Gov & Administrative Law and Real Estate Law for Ohio on
Q: Options to stop eviction in Ohio mobile home park after rent delay and breach of Promise to Pay Agreement?

I live in a mobile home park in Ohio and I am currently behind on my rent payments. Previously, I managed to pay off my rent before court dates or paperwork filing. This time, I signed a Promise to Pay Agreement to make three payments; I made the first two but couldn't make the third one. I... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on May 8, 2025

It sounds as though the promise to pay was signed after the 3 day notice was given. If you made 2 of the 3 payments towards the current month's rent, then the notice to vacate would be invalid and rendered void based upon accepting rent for the future rent period.

However, if the...
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3 Answers | Asked in Personal Injury, Products Liability and Employment Law for Ohio on
Q: Can I sue for health issues from loud truck safety equipment noise in Ohio?

I am a truck driver experiencing severe health issues, including high blood pressure, anxiety, headaches, and tinnitus, which I believe are caused by the excessively loud noise from safety equipment in the trucks I drive. I've had to leave several jobs due to these issues. My doctor has... View More

Tim Akpinar
Tim Akpinar
answered on May 8, 2025

An Ohio attorney could probably advise best, but your question remains open for two weeks. I'm sorry for the stress and anxiety brought about by noise from the safety equipment. If the noise levels comply with labor and safety standards in the trucking industry, I don't think it could be... View More

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3 Answers | Asked in Personal Injury, Products Liability and Employment Law for Ohio on
Q: Can I sue for health issues from loud truck safety equipment noise in Ohio?

I am a truck driver experiencing severe health issues, including high blood pressure, anxiety, headaches, and tinnitus, which I believe are caused by the excessively loud noise from safety equipment in the trucks I drive. I've had to leave several jobs due to these issues. My doctor has... View More

Tim Akpinar
Tim Akpinar
answered on May 8, 2025

Addendum - If you consult with workers' comp attorneys, you could inquire about noise level monitoring. This is an area that industrial hygienists who work with noise-level monitoring/dosimetry would know more about. Some of the professional level equipment that yields meaningful data has... View More

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2 Answers | Asked in Criminal Law, Civil Rights and Appeals / Appellate Law for Ohio on
Q: Concerns about violation of rights in an aggravated burglary case in Ohio due to lengthy trial delays and lack of accuser testimony.

My daughter was charged with aggravated burglary in Ohio in July 2024 after allegedly kicking in her boyfriend's door and having a physical altercation with a girl inside. It seems her rights may be violated as nobody has testified at any of her court dates over the past 10 months. Recently,... View More

Matthew Williams
Matthew Williams
answered on May 3, 2025

Unfortunately, the criminal process is a long one and the right to confrontation comes at the end.

Ohio has a codified right to a speedy trial. Assuming the defendant is out on bail, the State has 270 days to bring her to trial on a felony. There is a triple count on days, if the accused...
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2 Answers | Asked in Family Law, Real Estate Law and Juvenile Law for Ohio on
Q: Can I ask my girlfriend to leave our home if the deed is only in my name?

My girlfriend and I, now ending our relationship, bought a home together, and both of us are on the mortgage loan. However, the deed is solely in my name. We both contributed to the down payment and split the mortgage payments 60/40, but there is no written agreement regarding our ownership or... View More

Joseph Jaap
Joseph Jaap
answered on Apr 30, 2025

You can ask her, but if she refuses, you would have to proceed with the proper eviction process. She could then sue you to recover her contribution to the down payment and mortgage, and perhaps some of the appreciation in the home value claiming a partnership and other legal claims, and you could... View More

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